Robin Lee, solicitor
A JUDGE has adjourned a case against a Limerick man who “passed out a vehicle, stopped dead in the road and caused a collision”.
Judge Marian O’Leary said she wanted to view CCTV before reducing the dangerous driving charge to the lesser one of careless driving.
Danny Harty, aged 24, of Church View, Askeaton offered a plea of guilty to careless driving.
Sergeant Michelle Leahy said on November 14, 2016, Mr Harty was involved in a road traffic collision at Booliglass, Askeaton.
“He passed out a vehicle, stopped dead in the road and caused a collision. The injured party went into the back of Mr Harty,” said Sgt Leahy.
During the garda investigation CCTV footage of the incident was obtained.
Judge Marian O’Leary asked Mr Harty’s solicitor, Robin Lee to give her a “simple explanation” as to why he “stopped dead” in the road.
“He suddenly stopped in the road because his mobile rang. It was in his jacket pocket. It rang and he went to get it,” said Mr Lee.
Judge O’Leary said her “big problem was overtaking and stopping dead”.
“He overtook the car - no difficulty - and then retrieved his position on the road. Simultaneously his phone in the car went,” said Mr Lee.
Judge O’Leary asked were there any injuries?
“No,” said Mr Lee.
“If we have a motorist out of pocket…” said Judge O’Leary.
“The third party is not out of pocket,” said Mr Lee. Sgt Leahy said she wished to check this as the investigating garda had left the court as Mr Harty was late.
Sgt Leahy said at 9am Mr Harty had gone to Askeaton garda station.
“He asked the garda there to tell us that he had no lift,” said Sgt Leahy.
Mr Lee said his client had made arrangements that fell through but endeavoured to get to Kilmallock.
The investigating garda who left the court had the CCTV footage.
Judge O’Leary said she was “loathe” to reduce the charge from dangerous to careless driving on the circumstances outlined to her.
“I would like to see it before I make a decision. I am adjourning it to view CCTV,” said Judge O’Leary.